Craiginmoddie Scoping Opinion
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The Scottish Government Energy Consents Unit Scoping Opinion on behalf of Scottish Ministers under the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 Craiginmoddie Wind Farm Energiekontor UK Ltd November 2020 CONTENTS 1 Introduction…………………………………………………………………Page 2 2 Consultation………………………………………………………………..Page 3 3 The Scoping Opinion……………………………………………………...Page 4 4 Mitigation Measures……………………………………………………….Page 6 5 Conclusion………………………………………………………………….Page 6 ANNEX A………………………………………………………………………..Page 8 ANNEX B………………………………………………………………………..Page 88 1 1. Introduction This scoping opinion is issued by the Scottish Government Energy Consents Unit on behalf of Scottish Ministers to Energiekontor UK Ltd, a company incorporated under the Companies Acts with company number 04913493 and having its registered office at Beaufort Court Egg Farm Lane, Off Station Road, Kings Langley, Hertfordshire, WD4 8LR (“the company”). This is in response to a request dated 02 June 2020 for a scoping opinion under the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 in relation to the proposed Craiginmoddie Wind Farm (“the proposed development”). The request was accompanied by a scoping report. The proposed Site (“The Site”) is located within South Ayrshire Council and consists predominantly of rough grassland ground cover and extensive areas of plantation forestry. It is proposed to erect 16 wind turbines on the Site each up to a maximum of 180m to 230m in height to blade tip. The turbines would be of a typical modern design comprising a three bladed rotor hub mounted on a rotatable nacelle (containing a gearbox and a generator), tower and foundation subject to final design. The proposed Development will lie along an undulating ridge adjacent to the existing Hadyard Hill wind farm. The existing Hadyard Hill wind farm is an operational wind farm (commissioned in 2006) comprising 52 turbines. The site is situated in the Carrick Hills in the south-east of South Ayrshire. It lies to the north of the Stinchar Valley and the south of the Girvan Valley in an upland area comprising low to medium sized hills, where land cover mostly comprises open moorland and coniferous forestry. The Site formed part of larger area that was subject of the Section 36 Hadyard Hill windfarm Extension (ECU 00003118) submitted by SSE in 2015, comprising of 31 turbines (subsequently reduced to 22). SSE withdrew their application prior to its determination by Scottish Ministers. In addition to wind turbines, there will be ancillary infrastructure including: Site access; Site tracks; Temporary construction compound / storage area; Crane hardstanding’s and outrigger pads; Transformer housings; High voltage and control cables; Substation building & Compound; Energy Storage Compound; Off-site highway works; and Borrow pit(s). The Company indicates the operational life of the proposed development is not known at this time, however Scottish Ministers are likely to apply time limit to any Consent granted. The proposed development is solely within the planning authority of South Ayrshire Council. 2 2. Consultation Following the request for a scoping opinion, a list of consultees was agreed between Energiekontor UK Ltd, and the Energy Consents Unit. Scottish Ministers undertook a consultation on the scoping report and this commenced on 15 June 2020. The consultation closed on 10 November 2020. Extensions to this deadline were granted to: South Ayrshire Council; Ayrshire Rivers Trust; Crosshill, Straiton and Kirkmichael Community Council; Dailly Community Council; and Defence Infrastructure Organisation. Scottish Ministers also requested responses from their internal advisors Marine Scotland, Transport Scotland and Scottish Forestry. A full list of consultees is set out at Annex A. The purpose of the consultation was to obtain scoping advice from each consultee on environmental matters within their remit. Responses from consultees and advisors should be read in full for detailed requirements and for comprehensive guidance, advice and, where appropriate, templates for preparation of the Environmental Impact Assessment (EIA) report. Unless stated to the contrary in this scoping opinion, Scottish Ministers expect the EIA report to include all matters raised in responses from the consultees and advisors. No responses were received from: Barr Community Council; British Horse Society; Civil Aviation Authority – Airspace; Fisheries Management Scotland; Galloway & Southern Ayrshire Biosphere; John Muir Trust; Network Rail; Scottish Wild Land Group (SWLG); Scottish Wildlife Trust; South Ayrshire Council (three internal advisor’s advice provided on landscape & visual, noise and environmental health) Stinchar District Salmon Fisheries Board; Visit Scotland; and West of Scotland Archaeology Service. With regard to those consultees who did not respond, it is assumed they have no comment to make on the scoping report, however each would be consulted again in 3 the event that an application for section 36 consent is submitted subsequent to the Environmental Impact Assessment scoping opinion. The Scottish Ministers are satisfied that the requirements for consultation set out in Regulation 12(4) of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 have been met. 3. The Scoping Opinion This scoping opinion had been adopted following consultation with the relevant planning authority, South Ayrshire Council, within whose area the proposed development would be situated. Scottish Ministers to date have not received South Ayrshire Council’s formal response to the scoping however have been provided with comments from three of South Ayrshire Council’s internal advisors on landscape and visual matters, noise and environmental health. Any further comments received from South Ayrshire Council will be forwarded to the company. Scottish Environment Protection Agency (“SEPA”), Scottish Natural Heritage (“SNH”) and Historic Environment Scotland (“HES”), were also consulted as statutory consultation bodies, as were other bodies, which Scottish Ministers considered likely to have an interest in the proposed development by reason of their specific environmental responsibilities or local and regional competencies. Scottish Ministers adopt this scoping opinion having taken into account the information provided by the applicant in its request dated 02 June 2020 in respect of specific characteristics of the proposed Development and responses received to the consultation undertaken. In providing this scoping opinion, the Scottish Ministers have had regard to current knowledge and methods of assessment; have taken into account the specific characteristics of the proposed Development, the specific characteristics of that type of development and the environmental features likely to be affected. A copy of this scoping opinion has been sent to South Ayrshire Council for publication on their website. It has also been published on the Scottish Government energy consents website at www.energyconsents.scot. Scottish Ministers expect the EIA report, which will accompany the application for the proposed Development to consider in full all consultation responses attached in Annex A. Scottish Ministers are satisfied with the scope of the EIA set out at Chapter 6 of the scoping report. In addition to the consultation responses, Ministers wish to provide comments with regards to the scope of the EIA report. The Company should note and address each matter. The proposed development set out in the Scoping Report refers to wind turbines, and grid technologies including battery storage and/or solar panels. 4 Any application submitted under the Electricity Act 1989 requires to clearly set out the generation station(s) that consent is being sought for. For each generating station details of the proposal require to include but not limited to: the scale of the development (dimensions of the wind turbines, solar panels, battery storage) components required for each generating station minimum and maximum export capacity of megawatts and megawatt hours of electricity for battery storage Scottish Ministers request that the Company contacts Scottish Water and makes further enquires and includes details in the EIA report of any relevant mitigation measures provided. Scottish Ministers request that the Company investigate private water supplies within close proximity to the proposed development, which may be impacted by the development. The EIA report should include details of these supplies identified by this investigation, the Company should provide an assessment of the potential impact, risks, and any mitigation which would be provided. Scottish Ministers consider that where there is a demonstrable requirement for peat landslide hazard risk assessment, the assessment should be clear understanding of whether the risks are acceptable and capable of being controlled by mitigation measures. The Peat Landslide Hazard and Risk Assessments: Best Practice Guide for Proposed Electricity Generation Developments (Second Edition), published at http://www.gov.scot/Publications/2017/04/8868, should be followed in the preparation of the EIA report, which should contain such assessment and details of mitigation measures. It is recommended by the Scottish Ministers that the final list of viewpoints and visualisations should be agreed following discussion between the Company, South Ayrshire Council, Historic Environment Scotland and Scottish Natural